PCT国际检索及国际初步审查指南

E PCT/GL/ISPE/2 ADD.
ORIGINAL: ENGLISH
DATE: JUNE 22, 2012
PATENT COOPERATION TREATY
PCT INTERNATIONAL SEARCH AND PRELIMINARY EXAMINATION GUIDELINES (Guidelines for the Processing by International Searching and Preliminary Examining
Authorities of International Applications Under the Patent Cooperation Treaty)
as in force from July 1, 2012
1. This document contains an addendum to the PCT International Search and Preliminary Examination Guidelines (document PCT/GL/ISPE/2 dated October 3, 2011), established by the International Bureau of WIPO and modified after consultation with the International Searching and Preliminary Examining Authorities under the PCT.
2.
The new paragraphs in this document will be in force from July 1, 2012.
PCT/GL/ISPE/2 Add.
page 2
PART IV
THE INTERNATIONAL SEARCH
Chapter 15
The International Search
Evaluating the Prior Art
Selection of Citations and Identifying Most Relevant Portions
15.63.1 If the International Bureau transmits a third party observation to the International Searching Authority in time to be taken into account in drawing up the international search report, any prior art referred to in the observation should also be considered for inclusion as if it had been found by the examiner as part of the search, provided that either a copy of the prior art is included or it is otherwise immediately available to the examiner. The examiner need only refer to the prior art listed in the observation if it is considered relevant for inclusion in the international search report.
Chapter 16
International Search Report
Filling Out the International Search Report (Form PCT/ISA/210)
Documentation Searched Other Than Minimum Documentation
16.51.1 Where the examiner chooses to cite a document listed in a third party observation which would not have been found in the documentation searched, he may indicate “Third party observation submitted [Date]” in the “documentation searched other than the minimum documentation” box in Form PCT/ISA/210.
PART V
WRITTEN OPINION/INTERNATIONAL PRELIMINARY EXAMINATION REPORT
Chapter 17
Content of Written Opinions and the International Preliminary Examination Report Other Considerations
Additional Documents Taken Into Consideration in Certain Cases
17.66.1 If the International Bureau transmits a third party observation to the International Preliminary Examining Authority in time to be taken into account in drawing up the international preliminary examination report, any prior art referred to in the observation should be considered in the same way as if it had been referred to in the international search report, provided that either a copy of the prior art is included or it is otherwise immediately available to the examiner. The examiner is not required to comment on a document referred to in a third party observation unless he considers it appropriate to cite it. The examiner may, if considered useful, state in Box No. V that third party observations submitted on specified dates have been taken into account in preparing the opinion on novelty and inventive step.。